A couple years ago the City of Fremont started an aggressive program to restrict truck traffic within the city. They passed a rather confusing truck route ordinance that was a guaranteed money maker. Before the ink dried on the new law, Fremont police were out in force issuing citations. Local 70 members at Consolidated Freightways and Yellow were being hit particularly hard and called the Local. Secretary-Treasurer Chuck Mack contacted Fremont City Council and then the Police Department in an effort to bring some sanity to enforcement. It didn't work. The Police Department continued to write tickets often in a very subjective way, and if a member mouthed objections, he/she was often cited under the vehicle code rather than being cited for an infraction.

The Local decided to take action. Mack contacted attorney David Rosenfeld and a lawsuit was filed against the City of Fremont on behalf of 12 members who had been issued citations. The suit sought to invalidate the Fremont ordinance on the grounds that Federal law prohibited the City from enforcing. It took a year and a half of negotiations but the City finally caved in. They agreed to change the truck route restrictions so our members now have substantially more freedom in getting to their deliveries and pickups.

That's not all. The City has agreed to reimburse members who paid fines and dismiss any pending traffic citations. They also agreed to pay attorney fees and expenses incurred by the Local, and will join with the Union in requesting that the State courts expunge the DMV records of members who were issued vehicle code violations.

"We're pleased with the outcome;" said Mack. "There were a number of factors that spelled success: (1) our members bringing the issue to the Local's attention; (2) the willingness of the Local to fight on their behalf; (3) good lawyering by Rosenfeld; and (4) some luck. We appreciate the patience of our members who participated in the suit;" Mack concluded.